[Federal Register Volume 65, Number 93 (Friday, May 12, 2000)]
[Rules and Regulations]
[Page 30549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12028]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 970703166-8209-04; I.D. 060997A]
RIN 0648-AH65


Fisheries of the Exclusive Zone Economic Zone Off Alaska; License 
Limitation Program; Correction

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Correcting amendments.

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SUMMARY: NMFS is correcting a final rule implementing the License 
Limitation Program (LLP) established for the groundfish fisheries in 
the Bering Sea and Aleutian Islands area (BSAI), the groundfish 
fisheries in the Gulf of Alaska (GOA), and the crab fisheries in the 
BSAI, which was published in the Federal Register of Thursday, October 
1, 1998.

DATES: Effective January 1, 1999.

FOR FURTHER INFORMATION CONTACT: Jay Ginter, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

    The LLP is a limited access system authorized under section 303(d) 
of the Magnuson-Stevens Fishery Conservation and Management Act. The 
LLP is designed to limit the number, size and operation of vessels that 
may be used in the affected groundfish and crab fisheries. The North 
Pacific Fishery Management Council (Council) adopted the LLP in June 
1995. The Council officially submitted the LLP to NMFS in June 1997. A 
proposed rule to implement the LLP was published on August 15, 1997 (62 
FR 43865). The LLP was approved by NMFS on September 12, 1997. A final 
rule to implement the LLP was published on October 1, 1998 (63 FR 
52642). Additional rules to implement an application process and a 
transfer process for LLP licenses were proposed on April 19, 1999 (64 
FR 19113) and published as final on August 6, 1999 (64 FR 42826).
    One of the licensing requirements adopted by the Council for 
vessels greater than or equal to 125 feet (38.1 m) length overall (LOA) 
to participate in the groundfish fisheries in the Western GOA was to 
have made at least one landing in the Western GOA in any 2 of the 4 
calendar years 1992, 1993, 1994, or 1995, through June 17, 1995. The 
LLP proposed rule discussed this requirement in the preamble (at 62 FR 
43869) and in the proposed rule text at Sec. 679.4(i)(4)(ii)(E). 
Vessels that are equal to or greater than 125 feet (38.1 m) LOA were 
defined as ``category `A' '' vessels. The proposed rule text described 
this particular licensing requirement as follows:

    ``A vessel assigned to vessel category `A' must have made at 
least one legal landing of any amount of license limitation 
groundfish harvested in each of any 2 calendar years from January 1, 
1992, through June 17, 1995, in the Western Area of the Gulf of 
Alaska or in State waters shoreward of that area for a Western Gulf 
area endorsement.''

    NMFS' approval of the Council's LLP recommendation included 
approval of this particular licensing requirement as an integral part 
of the overall LLP. The final rule implementing the LLP also discussed 
this licensing requirement in the preamble (at 63 FR 52645) as a 
documented harvest `` * * * in each of any 2 calendar years from 
January 1992 through June 17, 1995 * * *.'' However, the final rule 
text (63 FR 52655, Sec. 679.4(i)(4)(ii)(C)) erroneously omitted the 
phrase, ``in each of any 2 calendar years,'' and wrongly indicates that 
only one documented harvest of groundfish needs to be made by category 
``A'' vessels during the period January 1992, through June 17, 1995, to 
satisfy the license endorsement criteria for the Western GOA area.
    Paragraph (i) was redesignated as paragraph (k) on October 13, 1998 
(63 FR 54753).

Need for Correction

    As published, the final regulations contain errors, which may prove 
to be misleading and need to be clarified.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Reporting and Recordkeeping requirements.

    Accordingly, 50 CFR part 679 is corrected by making the following 
correcting amendments:

PART 679-FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

    1. The authority citation for part 679 continues to read as 
follows:

    Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et seq.

    2. In Sec. 679.4(k)(4)(ii)(C)(1) is revised to read as follows:


Sec. 679.4  Permits.

* * * * *
    (k) * * *
    (4) * * *
    (ii) * * *
    (C) Western Gulf Area Endorsement. (1) Vessel length category 
``A.'' For a license to be assigned a Western Gulf area endorsement 
based on the participation from a vessel in vessel length category 
``A,'' at least one documented harvest of any amount of license 
limitation groundfish must have been made from that vessel in each of 
any 2 calendar years from January 1, 1992, through June 17, 1995, in 
the Western Area of the Gulf of Alaska or in State waters shoreward of 
that area.
* * * * *

    Dated: May 8, 2000.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 00-12028 Filed 5-11-00; 8:45 am]
BILLING CODE 3510-22-F